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2013 Supreme(Del) 1730

GITA MITTAL, J.R.MIDHA
Bar Association & Anr. , Rajiv Khosla, Umesh Kapoor – Appellant
Versus
Govt. of NCT of Delhi & Anr. – Respondent


Advocates Appeared:
For the Petitioners:Mr. A.S. Chandhiok, Sr. Adv. with Mr. Mohit Gupta, Mr. Amit Saxena , Ms. Laxmi Chauhan, Advocates.
Mr. J.P. Sengh, Sr. Adv. with Mr. Mohit Mathur, P-2 in WP (C) No. 4770/2012 in person , Ms. Sandhya Gupta , Mr. Ritesh Singh, Advocates.
Mr. Amit Khemka, Adv. with Ms. Sanorita D. Eharali, Mr. Rishi Sehgal, Advs. for New Delhi Bar Association, Rohini Bar Association , Dwarka Bar Association for applicants in CM Nos.16545/2012,16845/2012 , 16882/2012.
For the Petitioners in WP (C) 7250/2012: Mr. Rajiv Khosla in person. Mr. M.N. Krishnamani, Sr. Adv. with Ms. Aditi Patanjali, Adv. for Delhi Bar Association.
For the Petitioners in WP (C) 456/2013:Ms. Neelam Rathore, Advocate.
For the Respondent in all Petitions: Mr. Harish N. Salve, Sr. Adv. with Mr. Nakul Dewan, Mr. J.M. Kalia, Mr. Raghav Shankar , Ms. Bhawna Garg, Advs. for Govt. of NCT of Delhi.

Gita Mittal, J.—


There can be peace only if there is justice - Mahatma Gandhi


1. The instant writ petitions challenge the constitutionality and validity of the Court Fees (Delhi Amendment) Act, 2012 ?Delhi Act 11 of 2012 whereby the Legislative Assembly of the National Capital Territory of Delhi has amended the Court Fees Act, 1870 in force in the National Capital Territory of Delhi.


2. As per the scheme of the Court Fees Act, 1870, Section 6 prescribes documents specified as chargeable with court fee in Schedules I and II to the Act and prohibits their filing, exhibition or recording in a court of justice unless fees of the indicated amount have been paid. The schedules have been divided into Schedule I dealing with ad valorem court fees and Schedule II dealing with fixed court fees.


3. By the Court Fees (Delhi Amendment) Act 2012, Section 26 of the Court Fees Act was re-numbered as sub-section (1) thereof and sub-section (2) was inserted as follows:-


(2) For the purposes of sub-section (1), and section 25, ?stamp means any mark, seal or endorsement by any agency or person duly authorized by the appropriate government, and includes an adhesive or impressed stamp, for the purposes of co





































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































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